Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51141 of 2015 ======================================================

1. Umesh Yadav son of Parmeshwar Yadav, resident of Village Tole Boram, P.S. Biraul, District Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Smt. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Biraul P.S.Case No. 154 of 2010 instituted under Sections 302, 34 of the Indian Penal Code and 27 of Arms Act, pending in the court of learned S.D.J.M., Biraul, Darbhanga. The allegation against the petitioner is of firing on the head of the husband of the informant and he died. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. The informant has filed an affidavit where she has retracted from her earlier statements made in the FIR.

On behalf of the State, it is submitted that as per FIR the petitioner is the main assailant of the deceased, who had fired upon the deceased. It is further pointed out that the case is of the

Patna High Court Cr.Misc. No.51141 of 2015 (3) dt.10-02-2016 2/2 year 2010 and the petitioner has been absconding for long time. Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner and same is rejected. Any how, if the petitioner surrenders in the court below and pray for regular bail, same shall be considered on its own merit without being prejudiced by this order of rejection. (Sudhir Singh, J) singh/- U T